Waived: [SJS] Evander Kane

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DudeWhereIsMakar

Bergevin sent me an offer sheet
Apr 25, 2014
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Winnipeg
I seriously wonder why he's not assigned to another team. I guess San Jose looked into it and maybe no team wanted him near their organization.

I'd be amazed to see him get traded at this point. Might even be ECHL bound later on.

Any Jets/Moose fans want to sell out Canada Life Centre in order to laugh at Kane?
 

Paper

Registered User
Nov 4, 2009
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Perjury isn't inclusive unless there is a charge of her lying after swearing on the Bible under oath, which is rare.

Also he filed a restraining order against her, not vice versa. These documents are her perspective to the judge for divorce, not a restraining order, not under oath.
I'm not quite sure yet if you're intentionally trying to be wrong about everything but you pretty much have been.

First, Anna Kane also petitioned the court and received a restraining order in the course of her divorce proceeding.
Evander Kane's wife Anna alleges sexual, physical abuse in new filing (mercurynews.com)
Anna Kane also filed a restraining order in California on Tuesday that accused the hockey player of several instances of domestic violence and sexual assault. A judge has not yet decided whether to issue a temporary restraining order regarding that case.

Both agreed to suspend them and not petition for a longer duration.

Sharks' Evander Kane, Anna Kane drop domestic abuse restraining orders (mercurynews.com)
Domestic violence restraining orders previously filed against one another by suspended Sharks forward Evander Kane and his estranged wife, Anna, have been withdrawn and the pair are moving forward with other issues related to their pending divorce, according to court documents.

Perjury as it relates to California Penal Code 118 (a) is below:
Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.

That's saying that also lying on a sworn affidavit is perjury. If that doesn't make sense to you, just type in AskJeeves "California, divorce, perjury" and see what pops up. Here's the first three results I got:

https://www.davidschwarzlaw.com/divorce-perjury-and-setting-aside-orders.html said:
A Divorce attorney will make sure that their client understand that they cannot willfully, misrepresent the truth to any material matter which he or she knows to be false.
As a result of telling a lie or misrepresenting the truth to a State of California representative or document a client knows is a lie can place that person in serious jeopardy of a criminal charge.

https://www.lacriminaldefenseattorney.com/criminal-defense/perjury/ said:
Perjury is a felony in California. California law penalizes anyone who willfully or knowingly makes false statements while under oath. Perjury is not just lying to the court. It can also be lying under oath in a civil deposition or a written affidavit or declaration.

https://www.aerlawgroup.com/criminal-defense/los-angeles-perjury-attorney/ said:
It is a common misconception that you can only commit perjury if you are testifying in court. The truth is that you commit perjury if you lie at any time while you have been sworn to tell the truth in a legal proceeding. You can be charged with the crime of perjury under California Penal Code Section 118 if you have “taken an oath…[to] testify/declare/depose/certify truly before any competent tribunal, officer or person…willfully and contrary to the oath, state as true any material matter which [you] know to be false.”
In simpler terms, it is a crime to intentionally and knowingly lie while you are under oath. This includes when you are a witness in a courtroom, testifying in a deposition, making a statement in an affidavit, and even submitting information for your driver’s license.

As far as I'm aware, she had not made any form of declaration about Kane's gambling on his own games in the documents. There you could say she lied and not be accusing her of a crime (well maybe defamation). However, she did make a declaration on the physical and sexual abuse claims, so your argument is that she perjured herself. A felony. But you didn't wait for the court to find her guilty of it. Seems like someone might be a hypocrite.
 

Seras

Dubas supporter
Sep 1, 2015
2,058
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New Westminster, BC. Canada
When six different women all claim physical abuse by Kane, I’m going to have a hard time not believing it.

But then again, I’m sure you’re totally on the Bill Cosby is innocent train too…

I'm big on the courts and the rule of law deciding these things, what I believe or feel doesn't matter, and it shouldn't.
 

Paper

Registered User
Nov 4, 2009
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I'm big on the courts and the rule of law deciding these things, what I believe or feel doesn't matter, and it shouldn't.
Bill Cosby and OJ Simpson love to hear that.

Also are we ignoring that he took a plea agreement with respect to three of them? A lot of what has been said by the initial person I responded to, that we must assume the statements are untrue, is bologna. In doing so you are only victimizing these women once again.

Even in civil court the onus isn't on the plaintiff to reach a beyond a reasonable level of doubt with the standard of proof. The 50%+ standard is all that is required, preponderance of evidence. Hence why OJ had less luck in his civil trial.

Innocent until proven guilty is for criminal cases, as it should be. It does not mean that we can not believe women, especially multiple innocent women unrelated to one another, when they say a man attacked them even if the court did not rule on it.
 
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93LEAFS

Registered User
Nov 7, 2009
34,165
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Toronto
I seriously wonder why he's not assigned to another team. I guess San Jose looked into it and maybe no team wanted him near their organization.

I'd be amazed to see him get traded at this point. Might even be ECHL bound later on.

Any Jets/Moose fans want to sell out Canada Life Centre in order to laugh at Kane?
Can't send a player off his ELC to the ECHL unless the player agrees.
 

Paper

Registered User
Nov 4, 2009
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Yes that's called catch 22. She is accusing him of one of the most serious crimes imaginable, while being visibly mentally unstable on social media. Her statement, by definition, is unproven and untrue until she proves it in a court of law. Thus, Evander Kane is innocent until proven guilty.

You trying to pull the old "but by saying she is lying, you are accusing her of perjury" is disingenuous and you know it. Only the court can accuse her of perjury and then charge her for it. I am merely calling her on making stuff up on the fly. There is a very real legal difference.
You're saying she lied on a sworn affidavit. That's a crime. You're saying she committed a felony. But you also said you will only admit to someone committing a crime if it's proven in court. So what is it?

Did she, or did she not, perjure herself? If you believe she perjured herself, fair enough, I don't blame you. We don't have the same onus as the criminal court to "convict". Just like I believe Kane is a women abuser. We're both believing someone committed a crime without having been convicted by the courts. I'm just willing to admit to it.

Also you saying her statement is "untrue" is just completely wrong. That's not how the "system" works (not that I would think someone who only believes you can commit perjury if a Bible is in your lap really understands much of anything of the "system".
 
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CpatainCanuck

Registered User
Sep 18, 2008
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I don't think you understand how the system works. All allegations are to be treated as if the accused is innocent of them until he can be proven guilty in a court of law.

Thus, Kane is currently innocent and all statements against him are to be considered untrue unless they can be proven in a court of law. Perjury isn't inclusive unless there is a charge of her lying after swearing on the Bible under oath, which is rare.

Also he filed a restraining order against her, not vice versa. These documents are her perspective to the judge for divorce, not a restraining order, not under oath.

Not being found guilty by a criminal court doesn’t mean anybody needs to have a high opinion of someone. There the burden of proof is on the accuser. Like the Rittenhouse case. You can understand that the court couldn’t prove he wasn’t acting in self defence according to the uniquely American gun laws, but still think he is a twit.
 

Seras

Dubas supporter
Sep 1, 2015
2,058
1,350
New Westminster, BC. Canada
Not being found guilty by a criminal court doesn’t mean anybody needs to have a high opinion of someone. There the burden of proof is on the accuser. Like the Rittenhouse case. You can understand that the court couldn’t prove he wasn’t acting in self defence according to the uniquely American gun laws, but still think he is a twit.

Being a twit is not a crime.

Again, you can think these people are idiots, often times I do, but opinions and feelings do not prove guilt.
 

Paper

Registered User
Nov 4, 2009
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Being a twit is not a crime.

Again, you can think these people are idiots, often times I do, but opinions and feelings do not prove guilt.
I can believe the 6 women who say he is abusive while recognizing he has not been convicted.

I mean you’re not going to sit here and tell me you’d hire Casey Anthony as your nanny, R Kelly as your babysitter (prior to a month ago), Bill Cosby as your bartender, George Zimmerman as your neighbourhood watch or marry Carole Baskin and yet they are every bit as innocent as you or I.
 
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